California Equal Shared Parenting Act.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Judiciary
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill, the California Equal Shared Parenting Act, establishes a rebuttable presumption that equal parenting time is in the best interest of a child in custody proceedings filed on or after January 1, 2027. This presumption applies if both parents are deemed fit and able to parent and reside within 25 miles of the child’s school. However, the court can deny equal parenting time if it finds, through clear and convincing evidence, that shared time is detrimental to the child, such as due to domestic violence or substance abuse.
Key provisions
- Establishes a rebuttable presumption of equal parenting time under certain conditions.
- Both parents must be deemed fit, willing, and able to parent.
- Both parents must reside within 25 miles of the child’s primary school or educational institution.
- The presumption can be rebutted with clear and convincing evidence of harm to the child.
- Evidence of substantiated domestic violence, child abuse, or neglect can rebut the presumption.
- The court must document any decision to deny equal parenting time and specify the evidence relied upon.
- Equal parenting time is defined as a substantially equal division of custodial overnights, with each parent receiving at least 45% of overnights annually.
- The law applies to custody proceedings starting January 1, 2027.
Who is affected
- Parents involved in child custody proceedings
Bill text
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Sponsors
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1 on record
Primary sponsor
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